Dispute Resolution: project expertise

Foreclosure on the pledged railcars owned by a big leasing company under a chain of sale purchase contracts. Whereby the good faith of the purchaser was hard to prove since the property pledge was not registered. To solve this case, our experts had to prove that the parties to the sale purchase contracts were affiliated and in other respects not in good faith either.

The court order for foreclosure of the third party’s property was enforced while the said property owner was changed during the enforcement proceedings.

This lawsuit is one of the few cases, when a creditor is protected against fraud of those who create a fictitious good-faith purchaser;

Representation in commercial litigations against the Federal Customs Service in disputes over recovery of guarantee payments caused by massive undersupply to the customs office of destination (over 300 lawsuits).

This lawsuit is notable for general lack of any legal precedents. Our lawyers managed to reverse the acts of the first, appeal and cassation courts against the Clients at the Presidium of the Supreme Commercial Court of the Russian Federation. In the end, the claims of the Federal Customs Service against the Client were completely dismissed;

Representation of the Client before the Supreme Commercial Court of the Russian Federation in dispute against the Federal Customs Service. The Client claimed to invalidate the official letters of the Customs Service, which were practically aimed at unilateral withdrawal from the International TIR Convention (1979). The said letters of the Federal Customs Service caused a massive outcry in the international and national road transport sector, since they could result in complete refusal to implement the TIR system in Russia;

Representation of the Client in the lawsuit against an offshore company on issuance of a fieri facias to enforce the arbitration court award. The opponent claims were based on forged contracts and awards of an arbitration court;

Protection of the Client against the Moscow Municipal Property Department claiming the unreasonable gains (plus interest) for usage of the non-residential premises in Solyanka street without any legal or contractual reason;

Representation of a developer of a luxury residential complex in Sochi in the lawsuit against the shared construction participants claiming damages for late performance under the shared construction contracts. Our experts filed the developer’s counter claims against the shared construction participants and managed to prove in the proceedings that those claims if considered together reveal that the arrears of the shared construction participants before the Client considerably exceed the amount claimed;

Representation of the shared construction participants in the dispute with the developer over the title to parking boxes in the multi-storey car park (Brateevo District, Moscow);

Participation in legal proceedings against JSC Russian Railways in the dispute over the title to the luggage space in the Yaroslavl railway station building;

Representation of a developer in commercial proceedings claiming the Moscow Government to recover costs associated with the construction of a civil defense facility;

Representation incommercialcourtsinthe dispute over termination of a subleasecontractfornon-residentialpremises;

Representation of the Client in general courts in the lawsuit over the title to non-residential premises as the result of the investment activities;

Legal support of divorce procedures, separation of the marital property for the amount above 25 million rubles, residence and contact orders. This case was special due to the fact that two minor children were residing with the father, while the third – with the mother;

Honor and dignity protection of the head of one of the largest Russian Federal State Unitary Enterprises;

Representation of the Client in the lawsuit initiated by adult children from ancestor’s first marriage claiming to invalidate the will made fully in favor of the second spouse;

Legal settlement of a conflict caused by dismissal of several ship crew members. This case was followed by such media as morehod.ru, zakonia.ru etc.;

Representation of the Client in a row of commercial litigations claiming the Moscow Region municipalities to recover payment arrears for preparation of the housing, utilities and social facilities of the Moscow Region for the autumn and winter seasons. As a result of proceedings, the claims for the total amount of 60 million rubles were satisfied in full and paid by the debtors;

The cases were special due to the fact that the litigant was not the developer which was a party to the respective contract, but the actual beneficiaries – the owners of the erected or reconstructed housing and utilities infrastructure facilities. Moreover, our experts managed to recover arrears for the amount significantly exceeding the contractual values of the works performed;

Protection of the Client in commercial litigations in lawsuits initiated by the Maritime Security claiming damages under public contracts for materials supply and works for the Russian port facilities. The said claims for the total amount of app. 20 million rubles were fully dismissed by court. Our experts managed to prove in court that despite of some formal grounds there is still no reason for the Client’s liability;

Recovery of payment arrears for the construction and assembly works from JSC “Navigation Information Systems” (NIS GLONASS). The Client’s claim was fully satisfied by court. Moreover, the court completely dismissed the counter-claimforapenaltycaused bytheClient’sfailuretoprovideabank guarantee for the contractor’s obligations, since the basic obligation under the contract should be distinguished from the contractor performance warranty;

Protection of the Client in the lawsuit initiated by PAO NPO Almaz (former JSC GSKB Almaz-Antey named after A.A. Raspletin) claiming recovery of the unearned advance (plus interest) and the counterclaim for recovery of arrears for the construction and assembly works and penalties. The initial claim was dismissed by court, whereby the counter claims were satisfied in full. This case was unique due to the fact that our experts managed to prove the contractual relations between NPO Almaz and the Client though there was no written contract or any other written agreements thereto signed by either party. Nevertheless, the works performed were accepted despite of absence of the respective written acceptance certificates;

Protection of the Client in a lawsuit initiated by the Russian Ministry of Defense claiming damages for late performance of R&D projects (stage 1) under the public contract. Our experts managed to prove that under the current laws and the contract the Client made all reasonable efforts to perform its obligations by the deadline of stage 1, the works were performed in due time, whereby the late execution of final documents cannot be a reason for the contractor’s liability since there is no fault of the latter.

Pleshakov, Ushkalov & Partners today
belongs to the strongest Russian law firms with an extensive expertise. Our
long-term experience proves us to be a reliable business partner able to solve
any legal issue. The Law Firm takes a rightful place among legal offices in
Moscow and other Russian regions.